Remanded

Presitha v. Sumod Kumar

Madras HC21 Dec 2023CRP/1530/2023

Case brief

AI extract

What is this about?

On a Civil Revision Petition filed to set aside an order dismissing an interim maintenance application on the ground that the petitioner had sufficient income, the High Court set aside the order and remanded the matter to the Trial Court for fresh consideration on merits. Both parties were directed to adduce evidence.

What did the court decide?

Set aside the order passed by the Trial Court dismissing the interim maintenance application and remanded the matter for disposal on merits with directions to adduce evidence within six weeks.

Presitha Vs Sumod Kumar — Maintenance and Alimony | Madras HC (2023)

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CRP. No. 1530 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.12.2023

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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CRP No. 1530 of 2023 CMP Nos. 10083 & 20267 of 2023

Presitha

...Petitioner

Vs.

Sumod Kumar

....Respondent

PRAYER : This petition filed under Article 227 of the Constitution of India, to set aside the order dated 21.09.2022 in I.A No. 1 of 2019 in HMOP No. 8 of 2019 on the file of the II Additional sub court, Coimbatore.

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For Petitioner : Mr.Balan Haridas

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For Respondent: Mr.D.Murugan

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ORDER

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This petition has been filed to set aside the order dated 21.09.2022 in

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I.A No. 1 of 2019 in HMOP No. 8 of 2019 on the file of the II Additional

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sub court, Coimbatore.

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https://www.mhc.tn.gov.in/judis

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CRP. No. 1530 of 2023

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The petitioner herein filed I.A No. 1 of 2019 in HMOP No. 8 of 2019 before the Trial Court to direct the respondent to pay interim maintenance at the rate of Rs.75,000/- per month. After considering the submissions on either side, the Court below dismissed the said petition stating that the petitioner is having sufficient source of income. challenging the same the petitioner filed this petition.

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The learned counsel for the petitioner submits that the petitioner living with her daughter without any source of income but the respondent is failed to maintain the petitioner as well as child all these years without appreciating the above the Trial Court dismissed the petition filed the petitioner for maintenance. Hence, the petitioner prays to allow this petition.

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On perusal of the available records, it reveals that the Trial Court dismissed the petition filed by the petitioner for maintenance stating that the petitioner is having sufficient source of income. But, the petitioner stated that she is living with her child without source of income. However, this Court is of the view that the father/respondent is bound to maintain his child. Hence, the set aside the order passed by the Trial Court in I.A No. 1 of 2019 in HMOP No. 8 of 2019 and this Court is inclined to remand this matter back to the Trial Court for fresh consideration and both parties are 2

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https://www.mhc.tn.gov.in/judis

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CRP. No. 1530 of 2023

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directed to adduce their evidence. Further, the Trial Court is directed to dispose of the I.A No. 1 of 2019 in HMOP No. 8 of 2019 on merits within a

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period of six weeks from the date of receipt of a copy of this order and thereafter proceed with main petition.

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In the result, this Civil Revision Petition is disposed of. No Costs. Consequentially, connected miscellaneous petitions are closed.

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21.12.2023

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pbl

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To The II Additional sub court, Coimbatore.

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https://www.mhc.tn.gov.in/judis

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CRP. No. 1530 of 2023

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T.V.THAMILSELVI,J.

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Pbl

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CRP No. 1530 of 2023 CMP Nos. 10083 & 20267 of 2023

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21.12.2023

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https://www.mhc.tn.gov.in/judis

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Presitha v. Sumod Kumar

Case brief

What is this about?

What did the court decide?

Presitha v. Sumod Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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